Regulation 5 Amendment of the Scottish Child Payment Regulations 2020

in paragraph 5(4)(a) (multiple determinations involving the same child), omit “child tax credit,”,

for paragraph 22 (first-tier tribunal’s power to determine entitlement) substitute—

“First-tier Tribunal’s power to determine entitlement

22.

(1)

In an appeal under paragraph 19 (right to appeal to the First-tier Tribunal against determination) against a determination of an individual’s entitlement to a Scottish child payment, the First-tier Tribunal may—

(a)

uphold the determination, or

(b)

make its own determination of the individual’s entitlement to a Scottish child payment.

(2)

In exercising its power under sub-paragraph (1), the First-tier Tribunal—

(a)

must not take into account any circumstances which did not exist at the relevant time, but

(b)

may take into account circumstances which existed but were not known at the relevant time.

(3)

In sub-paragraph (2), “the relevant time” means the time at which the individual’s entitlement fell to be determined by the Scottish Ministers in making the original determination under paragraph 3 (duty to make a determination of entitlement) in relation to that entitlement.”.